Category Archives U.S. Government and Regulatory Agencies

The Food and Drug Administration (FDA) has amended its food-additive regulations to allow soy-based foods and drinks to be fortified with vitamin D. The amendment, which was prepared in response to a petition filed by Dean Foods, allows for the addition of crystalline vitamin D2—and not the resin from the vitamin—to soy beverages, soy beverage products, soy-based butter substitute spreads, soy-based cheese substitutes, and soy-based cheese substitute products. The FDA concluded, “there is a reasonable certainty that no harm will result from the use of vitamin D2 as a nutrient supplement” in the soy products in question. See Federal Register and Foodnavigator-usa.com, March 16, 2009.

The Food and Drug Administration (FDA) last week issued guidance to the food industry about the risk of Salmonella contamination posed by peanuts and peanut-derived products used as food ingredients. The guidance also recommended measures that food manufacturers can take to address that risk from their ingredient suppliers and for the products they themselves produce. The guidance recommends that manufacturers obtain their peanut-derived ingredients only from suppliers whose production processes have been demonstrated to adequately reduce the presence of Salmonella or ensure that their own manufacturing processes would adequately reduce that presence. Meanwhile, the Associated Press reported that the Peanut Corp. of America filed documents in bankruptcy court listing nearly $11.4 million in assets and debts of $4.8 million. Most of the assets will not be available to compensate consumers. Peanut Corp. filed for Chapter 7 bankruptcy in February 2009 amid growing fallout from a national Salmonella outbreak, which reportedly…

As members of the 111th Congress actively consider how to address food-safety issues and debate in committee whether splitting the Food and Drug Administration (FDA) in two would best reform federal oversight, new bills addressing food health and safety continue to be introduced. The most recent include: H.R. 1324 – Introduced March 5, 2009, by Representative Lynn Woolsey (D-Calif.), this bill would update national school nutrition standards for foods and beverages not included in school meals. The proposed legislation, with 101 co-sponsors, was referred to the House Committee on Education and Labor. H.R. 1332 – Introduced March 5, 2009, by Representative Jim Costa (D-Calif.), this measure, titled the “Safe Food Enforcement, Assessment, Standards, and Targeting Act of 2009” or “Safe FEAST Act of 2009,” would amend the Federal Food, Drug, and Cosmetic Act by strengthening FDA’s authority to inspect records during food-related emergencies, recall contaminated products, accredit food-testing laboratories, and…

President Barack Obama (D) has reportedly tapped former New York City Health Commissioner Margaret Hamburg to lead the Food and Drug Administration (FDA) and Baltimore Health Commissioner Joshua Sharfstein to act as her deputy. A bioterrorism expert and physician, Hamburg previously served as an assistant health secretary in the Clinton administration and helped decrease the rate of drug-resistant tuberculosis during her tenure at the New York City Health Department. Her selection has drawn praise from consumer watchdogs, food safety advocates and medical groups such as the American Public Health Association, which said both nominations reflect Obama’s “commitment to protecting consumer safety.” “You’ve got an organization that’s demoralized and one that really wants to enhance its scientific integrity,” an association spokesperson was quoted as saying. “[Hamburg’s] all about integrity and science . . . She can be tough when she needs to be, and she’s going to need to be real…

The U.S. Department of Agriculture’s Agriculture Marketing Service (AMS) has announced an opportunity for soybean producers to request a referendum on the Soybean Promotion and Research Order (the Order), as authorized by the Soybean Promotion, Research, and Consumer Information Act. The referendum would require participation by 10 percent of 589,182 eligible producers, provided that one-fifth of the requests do not come from any one state. If these conditions are met, AMS will hold a referendum within 1 year of the request and publish the results in the Federal Register. The agency will accept referendum requests between May 4 and 29, 2009. See Federal Register, March 4, 2009. AMS earlier this week issued a final rule amending the Soybean Promotion, Research and Consumer Information program, also known as the soybean checkoff program, to update the number of eligible soybean producers. The USDA Farm Service Agency (FSA) based its data on information…

U.S. Senators Dick Durbin (D-Ill.), Judd Gregg (R-N.H.), Ted Kennedy (D-Mass.), and Richard Burr (R-N.C.) have introduced the FDA Food Safety Modernization Act (S. 510), which would expand and strengthen the Food and Drug Administration’s (FDA’s) authority to address the safety of the nation’s food supply. The proposal, which has reportedly attracted the support of industry and consumer groups alike, would increase the frequency of food plant inspections, expand FDA’s access to records, give the agency the authority to recall tainted food products, and require the creation of a national strategy to protect the food supply from terrorist threats and intentional contamination. Originally introduced in July 2008 with many of the same sponsors, the bill would require all food facilities to have HACCP plans in effect and allow the FDA to suspend the registration of any food facility that “has a reasonable probability of causing serious adverse health consequences or…

The U.S. Department of Agriculture (USDA) has announced that mandatory country-of-origin labeling (COOL) will take effect as scheduled on March 16, 2009. Pursuant to an Obama administration memorandum, USDA reviewed the final rule that requires country-of-origin labeling for muscle cuts and ground beef, veal, pork, lamb, goat, and chicken; wild and farm-raised fish and shellfish; fresh and frozen fruits and vegetables; and peanuts, pecans, macadamia nuts, and ginseng sold by some retailers. Agriculture Secretary Tom Vilsack also issued an open letter to industry that urged companies to adopt several voluntary measures, such as multiple countries-of-origin designations and additional information about each production step. Further noting that the final rule’s definition of processed foods “may be too broadly drafted,” Vilsack stated that COOL might also be applicable to products subject to “curing, smoking, broiling, grilling, or steaming.” Meanwhile, the American Meat Institute (AMI) has reportedly welcomed COOL implementation after taking an active…

With critics and supporters lined up to do battle over President Barack Obama’s proposed $3.55 trillion fiscal year (FY) 2010 budget, the ultimate outcome for proposals relating to food safety and agricultural subsidies is a question mark. Still, the administration has proposed more than $1 billion for the Food and Drug Administration (FDA) to increase inspections of food facilities and protect the nation’s food supply, an additional $1 billion for the U.S. Department of Agriculture’s (USDA’s) child nutrition programs, as well as a $20 billion increase in food stamps. Additional funds would be provided for enforcement of the National Organic Program. To pay for such spending increases, the proposed budget would reportedly phase out direct payments to farmers making more than $500,000 in annual sales, reduce spending on crop insurance premiums, eliminate the promotion of branded agricultural products, and impose user fees at the Grain, Inspection, Packers and Stockyards Administration;…

Agriculture Secretary Tom Vilsack earlier this week canceled a scheduled press conference on mandatory country-of-origin labeling (COOL) regulations, but reportedly told meat industry representatives that USDA intends to pursue stricter COOL guidelines than those approved during the Bush administration. Vilsack has asked meat providers to voluntarily adhere to more stringent standards, noting that the agency will act in the absence of industry direction. In particular, USDA is seeking to extend COOL to some “processed” items, like cured bacon, that are currently exempt from labeling requirements. Vilsack also received a letter from seven U.S. senators asking him to further clarify and restrict the use of multiple country labeling. “These loopholes essentially allow processors to label every product – including exclusively U.S. products and entirely foreign products – under the multiple country category,” stated the letter spearheaded by Senator Byron Dorgan (D-N.D.). The announcement followed an administrative hold issued by the Obama administration…

The FDA Science Board has announced a public meeting on February 24, 2009, to discuss “the continued assessment of bisphenol A (BPA) in FDA-regulated products.” The board will also receive updates from two working groups on “economically motivated adulteration of FDA-regulated products and rapid detection of Salmonella in foods.” In addition, FDA intends to publish information on its BPA assessment later this month to facilitate public feedback. The board will accept written comments on these issues until February 17, 2009. See FoodNavigator-USA.com, February 10, 2009.

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